A divided US appeals court has ruled that the Trump administration cannot detain migrants for more than 90 days without providing them a chance to be released on bond. The ruling by the 5th US Circuit Court of Appeals could affect thousands of individuals who have been detained in states within its jurisdiction, including Texas and Louisiana.
Background
The Trump administration had taken the position that non-citizens already residing in the United States, and not just people arriving at the border, qualify as “applicants for admission” subject to mandatory detention. However, the court ruled that the due process protections of the US Constitution’s Fifth Amendment require those migrants to be given a chance to seek release by appearing before an immigration judge for a bond hearing.
US Circuit Judge Leslie Southwick, writing for the majority, said the US Supreme Court made clear in 2001 that the due process clause protects everyone, including the two Mexican citizens and one Honduran whose cases were before the 5th Circuit. The ruling is a significant blow to the Trump administration’s immigration crackdown.
Original reporting: Appleton, WI News Feed (HLL/CB) — read the source article.
